CBI cannot file fresh FIR in Rizwanur case now: SC

New Delhi, Oct 13: In a major relief to Kolkata-based businessman Ashok Kumar Todi, the Supreme Court on Monday, Oct 13 directed that the trial in Rizwanur murder case should not commence till the final disposal of the petitions pending in Kolkata High Court. A bench comprising Chief Justice K G Balakrishnan, Justices P Sathasivam and Aftab Alam, however, refused to entertain Mr Todi's petition filed in the court.

Senior counsel Harish Salve, appearing for Mr Todi, pleaded before the court that since the issue whether CBI could register a fresh FIR in the case despite the fact that state government had not agreed to the transfer of investigation, was already pending in the high court, trial should not be permitted to proceed further till the investigation was over.

Mr salve also contended that another important issue whether High court can order a CBI probe without the consent of the concerned state government is also to be decided. Ashok Todi is facing allegations of involvement in the murder of his son-in-law Rizawanaur as Mr Todi was opposed to the marriage of his daughter Priyanka Todi to the deceased.

Kolkata police in its investigation report had said the deceased had committed suicide because he was not able to cope with the pressure from his in-laws who were opposed to the marriage.

Family members of the deceased including his mother Kishwar Jhan were, however, not satisfied with the investigation of local police and had approached the High Court demanding a CBI inquiry as according to them it was a case of murder and not suicide as has been made out by the local police.

The apex court, however, refused to pass any order on the plea of the petitioner to restrain the trial court to frame charges in the case which is fixed for hearing tomorrow.

The apex court, however, requested the High Court to dispose of the petition at the earliest.

Three policemen are also facing trial for their alleged involvement in the case.

They are facing allegations of harassing his family members during the investigations.

Priyanka, in her statement, had told the police that she had told her late husband to let the heat settle down and wait for sometime.